UNAUTHORIZED WIRETAPPING OF PRIVATE TELEPHONE COMMUNICATIONS: APPRAISING THE LEGAL FRAMEWORK FOR THE PROTECTION OF RIGHTS TO PRIVACY IN NIGERIA

Abstract

The continuous wiretapping of citizen’s telephone conversation and some other telecommunications has in the recent times in Nigeria, not only raised serious fundamental rights issues relating to the rights to private and family life but is also plunging the country into a state of anarchy. This has oftentimes necessitated a breach of citizens’ fundamental human rights and capable of plunging the nation into a state of lawlessness, if not eradicated or at best curtailed. As part of the aims of the study, this work discussed unauthorized wiretapping of private telephone and some other telecommunications in Nigeria, and appraised the rights to privacy in Nigeria vis-a-vis the need to promote public safety, national security and public interest. This work also discussed the existing legal framework for the use of telephones and telecommunication and the protection of same and its efficacy under the Nigeria and the human rights issues. In a bid to achieve that, the authors adopted the doctrinal method of research which entails the use of books, journals, articles, statutes, case laws and materials. This work found that there is wanton infringement of privacy rights in Nigeria by security agencies, service providers and even individuals. That the Federal government uses top security departments, network service providers and the Nigeria Communications Commissions to wiretap into oppositions party members privacy in order to witch-hunt them. The work also found that there is deficient legal framework for the protection and regulation of wiretapping save the provisions of section 37 of the Constitution which is always abused. The authors therefore recommended for the review of the telecommunication regulations, privacy regulation in Nigeria and security protection laws and guidelines in line with international best practices. The work also recommended for stipulation of strong sanctions for breach of this privacy rights.